Amendment 1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Amendment 1 to AG-7442-S-11-0028 Page 2 of 8 Freestone County EWP

A Pre-Bid Conference and Site Visits were held in Freestone County, Texas and at the project sites on February 10, 2011. The following information was reviewed with the contractors at the showing, which covered administrative notes, Safety, the Construction Specifications, the construction drawings and a site visit. Included is list of individuals that attended the site showing. The following information shall be used in the preparation of your bids.

It is the contractor’s responsibility to download all documents from Federal Business Opportunity website, www.fbo.gov. Any documents passed out at the Site Showing are DRAFTS.

Request for Quote (RFQ): Quotes must be received on or before March 2, 2011 at 4:00 pm CST.

Please label on the outside of the envelope with the Solicitation Number. You fax your quote.

Recommend you call to confirm NRCS has received your quote: 245-742-9922 (David Hester) or 254-742-9984 (Kat Pinckney).

Note: Page 1 of 40, Block 13 omitted the response date/time. This will be corrected by an Amendment to the Solicitation. The set provided today has this correction.

1. Page 3, Bid Schedule: complete all blanks.

2. Page 6, Inspection of Construction - This clause is included by reference. Key points: “…(c)

Government inspections and tests are for the sole benefit of the Government and do not—

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.”

3. Page 7, Commencement, Prosecution, And Completion of Work - There are 28 calendar days of performance time. Work must start within 8 days after receipt of notice to proceed. The NTP is expected to be issued on March 14, 2011.

A Pre-construction meeting will be conducted, o/a March 8, 2011.

4. Page 7, Variation in Estimated Quantity – On unit priced items, there is a 15% VIQ, in which the quantity within the 15% +/- of the estimated quantity will be paid at the unit price.

5. Page 9, Liquidated Damages: $645 per day, contractor caused delays.

6. Page 9, Maximum Workweek - Construction Schedule - The maximum workweek that will be approved is 11 hours per day, Monday through Saturday, excluding federal holidays.

7. Page 9, Accident Prevention - A written plan for implementing the Accident Prevention clause will be required before commencing work. The Contractor will comply with applicable OSHA safety regulations and the NRCS Supplement to OSHA Parts 1910 and 1926. NRCS has a “fill-in-the-blanks” standard safety plan that the contractor can use.

8. Page 10, NRCS Supplement to OSHA - The NRCS Supplement to OSHA emphasizes several specific safety items which must be address by the Contractor.

9. Page 16, Payment by Electronic Funds Transfer—Central Contractor Registration by reference – All payments made by the Government is done by electronic funds transfers (EFT). Payment is based on the information the Contractor has provided in the Center Contractor Registration. It is your responsibility to ensure the database is current and correct.

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Amendment 1 to AG-7442-S-11-0028 Page 3 of 8

10. Page 20, Employment Eligibility Verification – Also applies to subcontractors.

11. Page 22, Buy American Act – Construction Materials – Applies to this contract action.

12 . Page 26, Clauses 52.252-1 Provisions Incorporated by Reference, and 52.252-2, Clauses

Incorporated by Reference - Have the same force and effect as if given in full text. The clauses can be viewed at http://www.arnet.gov/far/.

13. Page 26, Reimbursement for Bond Premiums – Fixed-Price Construction Contracts – (FAR Clause

Performance and Payment Bonds – Construction, page 17) – A 100% payment and performance bond are required, within 5 days after contract award. The costs of the bonds are reimbursable, upon receipt of the paid invoice. Include the costs of the bonds under Construction Specification 8, Mobilization and Demobilization, as there is not a separate bid item.

14. Page 28, Time Extensions for Unusually Severe Weather – days will be credited as earned.

15. Page 29, List of Documents, Exhibits and Other Attachments to the RFQ, wage determination, specifications, and drawings.

16. Pages 30-37, Representations, Certifications and Other Statements of Offerors - Please read thoroughly.

• Offerors must be registered in Central Contractor Registration prior to award, www.ccr.gov.

• Offerors must complete the annual representations and certifications electronically via the

Online Representations and Certifications Application (ORCA) at website:

http://orca.bpn.gov. Information is certified as current, accurate, complete and applicable to this solicitation within the last year. Any changes that apply to this solicitation only must be identified and submitted with the quote.

Tax ID must match the number that the IRS has on record.

17. Page 35, Small Business Concern Representation for the Small Business Competitiveness

Demonstration Program. Complete this Clause and submit with your bid.

18. Page 38, Submission of Bids, bids shall arrive at USDA-NRCS, Attn: Kat Pinckney, 101 S Main Street, Temple, TX 76501 prior to bid opening to be consider for award. Alternate offers will not be accepted.

At a minimum the following must be provided:

• Completed Standard Form 1442, signed and date

• Acknowledge Amendments on page 2 of the SF 1442

• Completed Bid Schedule, page 3

• Complete the on-line application for Representation and Certifications; review and complete the Clauses on pages 30-37and attach to your bid

Please make sure you provide your DUNS number on the front of the SF 1442. Fax bids are accepted.

The quotes MUST arrive prior to the time of the opening no later than March 2, 2011 at 16:00 pm CST.

Please note on the front of your envelop or Fax Coversheet the Solicitation Number.

19. Page 38, Preparation of Bids – In part “… (a) Bids must be – (1) submitted on the forms furnished by the Government or on copies of those forms and (2) Manually signed…”; “(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid…”; (d) Alternate bids will not be considered…”

2. This Solicitation is amended as follows:

Pen and Ink changes to Specifications:

Pen and Ink correction to the drawing and construction specifications shall be made as follows:

http://www.arnet.gov/far/� http://orca.bpn.gov/�

Amendment 1 to AG-7442-S-11-0028 Page 4 of 8

a. Insert 1600 hours 03/02/2011 in Block 13 on page 1 of the SF 1442 for the quote due time/date.

b. Change the following items on construction drawing TX-EN-0596, sheet 1

- Remove the four paragraphs under the title General Notes:

- Add the following paragraph under the title General Notes:

During the processing of the work, configurations of rock placement shall be adjusted by the NRCS Engineer to fit site conditions that exist at the time of construction. This is not to be considered a change or differing site conditions when it does not exceed the excavation/fill limitations of the site preparation classifications and is within the 15% variance of quantities. Changes that increase the quantities in excess of the 15% variance in quantities will be coordinated with the Contractor and made with a modification. This process will be initiated in the field by the NRCS Engineer and discussed with the Contractor. When agreement is reached, it will be documented in the NRCS inspector’s diary and initialed by the Contractor and the Engineer. A formal modification will follow from the Contracting Officer in accordance with the agreement noted in the diary. The contractor may proceed with processing work in accordance with the agreement as documented in the diary. The contractor in so doing agrees to the changes and payment will be as agreed and documented.

c. Change the following construction drawing TX-EN-0596, sheet 3

- In Typical Section C-C, Remove EL. 95.0 Top Of Rock

- In Typical Section C-C, Add EL. 93.0 Top of Rock

d. Remove the following words at the end of the first paragraph under General Notes: on drawing TX-

EN-0596, sheet 4.

- Not Directly Required for Headwall Installation.

e. Change the following dimension on all sections on sheet 5 of drawing number TX-EN-0596.

- Remove 2.5’

- Insert 2.0’

f. Change the following in Section 8. a. Construction Specification 1 – Clearing:

- Change the following to read:

(1) This item shall consist of all clearing required within the limits of the work area, areas designed on the drawings, or as necessary to construct the works of improvement

(5) In Section 6, Disposal, all vegetative materials removed from the cleared areas shall be disposed of by burning or at an offsite location as approved by Freestone County.

- Add the following Item:

(7) Items (2) and (3) (a)-(j) of b. Bid Item 1; Debris Removal shall apply to a.

Subsidiary Item, Clearing

g. Change the following in Section 7. a. Construction Specification 9 – Traffic Control:

- Remove the word Navarro paragraph (2).

- Add the word Freestone to replace Navarro in paragraph (2).

h. Change the following in Section 7. a. Construction Specification 95 – Geotextile:

- Remove the words sand-cement bags, earthfill and in paragraph (3).

3. Contract Bid Items and Construction Specifications

Special Contract Requirements

ACCIDENT PREVENTION AND SAFETY, SUPPLEMENT TO OSHA PART 1926 AND 1910 Construction Industry Standards and Interpretations

Amendment 1 to AG-7442-S-11-0028 Page 5 of 8

The Contractor shall comply with applicable OSHA safety regulations 1926. The Contracting Officer will notify the Contractor of any noncompliance with these requirements. If the Contractor refuses to comply with these requirements, all or part of the work may be suspended until corrective action is taken.

The Inspector and Project Engineer will have delegated authority to suspend work for any noncompliance with safety requirements that poses a serious or imminent danger to the health or safety of the public and/or personnel of the Contractor, NRCS, or local Sponsors.

The Supplement to OSHA 1926 and 1910 emphasizes several specific safety items which must be understood by the Contractor prior to bidding this job. Among these items are the requirements for:

1. Written plan for accident prevention and safety (CO must approve prior to beginning work).

2. First aid certificates

3. First aid facilities

4. Safety Meetings, weekly “tool box” and monthly

5. Dust control

6. Rollover protective structures

7. Backup alarms

8. Restroom Facilities

Hard hats shall be worn on the job site at all times and equipment shall be outfitted with working backup alarms, seat belts, and approved roll-over protective structures.

All equipment shall be inspected by the NRCS Construction Inspector prior to use on the project.

Equipment shall be inspected at the job site.

452.236-76 – SAMPLES AND CERTIFICATES

Certificates and test data shall be submitted to show compliance of materials and construction specified in the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

The following information was reviewed with the contractors at the showing, which covered the Construction Specifications, Drawings, Material Specifications, Corrections to the Solicitation and the Site Visit. Please use this information along with the question and answer section for the preparation of needed amendments to this solicitation.

All of the Construction and Material Specifications are listed on page 29 of 40 in the solicitation.

Each bid item was discussed briefly.

NOTE: The contractor shall comply with ALL of the specifications (construction and material). Not all of the specifications were reviewed at this meeting or in the following notes. The following are several main points taken from the specifications.

CLEARING 1

Payment for this item shall be made in Bid Item 1; Debris Removal. This shall consist of the removal and disposal of all debris on the upstream (West) side of CR141 as described on Construction Drawings for site F1-04.

Subsidiary item to Site Preparation. Clearing, removal and disposal required to install rock on site F1-01.

Amendment 1 to AG-7442-S-11-0028 Page 6 of 8

For both sites a written plan and the implementation of that plan is required. The burning of woody vegetation is permitted as per specifications. All other debris shall be disposed of at an offsite location of the contractors choosing.

POLLUTION CONTROL 5

Subsidiary item to Rock Riprap, A written plan and the implementation of that plan for pollution control is required. At a minimum the plan shall include the sequencing of construction operations.

CONSTRUCTION SURVEYS 7

Subsidiary item to Rock Riprap. The surveys that are required to be conducted by the Contractor are specified in Section 5 (Method 2); in Section 9.a.; and in Section 6. Note the Contractor is responsible for the layout of all the work. Also the Contractor is responsible for checking (blue topping) all work. The Contractor shall also submit for approval in writing the name, qualifications and experience of the surveyor personnel for approval prior to commencement of work. The Contractor is responsible for providing survey information to the NRCS as stated in Section 7, (Records) at the end of the job.

MOBILIZATION AND DEMOBILIZATION 8

Payment for this item shall be made in Bid Item 2. In Section 3 PAYMENT it states, "Payment will be made as the work proceeds, after presentation of paid invoices … by the Contractor showing specific mobilization and demobilization costs and supporting evidence of the charges of suppliers, subcontractors, and others." You may be asked to provide proof of the total direct cost. You will have to have paid invoices for the purchase of bonds and mobilization supplies in order to be reimbursed for these items prior to the final payment. Items of work subsidiary to this bid item are Traffic Control.

TRAFFIC CONTROL 9

Subsidiary Item to mobilization and demobilization. This item of work requires the contractor to establish and maintain traffic control at access points to the work.

REMOVAL OF WATER 11

Subsidiary Item to Site Preparation. The Contractor is responsible for accomplishing all water removal required for the installation of the works of improvement.

EXCAVATION 21

Note additional applicable requirements are located in CS 420 Site Preparation. Excavated materials shall be stockpiled on-site and used as earthfill or earth backfill if suitable. Excess or unsuitable materials shall be disposed of in accordance with Section 5, Method 2. All Excavations are Unclassified defined as the excavation of all materials encountered, including rock.

EARTHFILL 23

Note additional applicable requirements are located in CS 420 Site Preparation. Earthfills require Class C compaction, defined as two passes with hauling equipment. Moisture content of backfill shall be adjusted as required to obtain the specified moisture from 12-18%. Fill shall not be placed until the required excavation and foundation preparation have been completed and the foundation has been inspected and approved by the Engineer.

ROCK RIPRAP 61

Payment for this item is made in Bid Item 3, Rock Riprap. Rock Type 2 as per Material Specification 523 is required. The gradation requirements are shown on the construction drawing. Test load requirements are in 8.a.(3). The riprap may be equipment placed. Equipment shall not be allowed on the rock during or after placement. Statement-of-delivery ticket showing weight to the nearest 0.1 ton is required and shall be furnished to the Inspector. Delivery of rock is allowed only during regularly scheduled work hours.

Amendment 1 to AG-7442-S-11-0028 Page 7 of 8

CONTRACTOR QUALITY CONTROL 94

Subsidiary item to rock riprap and shot rock. In Sections 3 and 4, Method 1 shall be used. Names of quality control personnel and their duties, qualifications, certifications, and authorities are required and shall be submitted to the CO for approval. A written plan (quality control system) must be submitted to the CO for approval. Daily QC reports are required to be submitted to the Inspector. Any testing done by the NRCS is for the sole benefit of the NRCS. It is the Contractor’s responsibility to perform tests to prove and ensure that all work performed meets the contract requirements. All tests shall be conducted in accordance with the appropriate ASTM method and with equipment that meets the requirements of the specified ASTM test method.

GEOTEXTILE 95

Subsidiary item to rock riprap. Class I non-woven geotextile is required under all rock riprap.

SITE PREPARATION 420

Bid item 4 and 5 – All excavation and earthfill required for the placement of rock riprap. A 9” uncompacted lift is the maximum thickness.

Site Visit: Items designated at the site visit included: Access Route, construction campsite area, and stockpile area.

Drawings Drawing TX-EN-0596, All sheets were reviewed.

4. Questions and Answers:

Q: (Site F1-1) Can we use the county yard for the disposal of woody vegetation and where is it located?

A: Yes. It is approximately 12 miles away from the site on Highway 27 and Martin Luther King Avenue.

Q: (Site F1-1) Can the contractor create ramps to access the creek?

A: Yes. A single ramp to the work area is allowable. This access must be within the work limits and shall be removed and the bank repaired at the completion of construction.

Q: Will the contractor be allowed to burn debris on site?

A: Yes, wood debris can be burned as per Clearing Specification.

Q: If tires or trash are encountered during excavation will the contractor be required to dispose of them?

A: Yes at an approved landfill.

Q: Does the contractor have to place pins to hold geotextile on slopes prior to rock placement?

A: Yes

Q: Is setting rock on top of geotextile instead of pins to hold fabric down acceptable?

A: No

Q: (Site F1-4) Is the contractor responsible for the protection or repair of the existing road surface?

A: No. However, tracked equipment will not be allowed on the road surface unless it is directly adjacent to the debris removal or rock placement.

Q: (Site F1-1) Can access to the creek be obtained from another location along the creek instead of the designated by NRCS?

A: The NRCS is only providing one access point. Alternate access points would require a third party agreement between the landowner and contractor and would not be a part of our contract. Minimal

Amendment 1 to AG-7442-S-11-0028 Page 8 of 8 disturbance of streambank and vegetation would still be required in this area as part of pollution control.

Contractor is responsible for placing property back to pre-construction conditions.

Q: (Site F1-1) Will the contractor be able to close the road if necessary?

A: Yes. County Commissioner has stated the road may be closed upon request as long as a minimum of three days notice is given prior to the closure.

Q: Is a bid bond be required?

A: No.

Q: Do you have the Landowner contact information on Southeast corner from bridge.

A: Yes, the landowner is: Mildred Cantrell 903-599-2170 or 903-879-4729 cell.

5. List of Individuals or Firms Attending Site Showing:

Kathleen Pinckney, Contracting Officer, NRCS, Temple, TX John Hrebik, COTR, NRCS, Temple, TX Keith Hardwick, District Conservationist, NRCS, Fairfield, TX Brandon Bing, SCT, NRCS, Fairfield, TX Charlie Kaluza, CI, NRCS, Temple, TX Luke Ward, Precinct 1 Commissioner, Freestone County, TX Clyde Ridge, Precinct 4 Commissioner, Freestone County, TX Tim Robinson, Mann Robinson and Sons, Aubrey, TX Allen Feller, Feller Enterprises, St George, UT Rachel & Sean Hill, Precision Point Contracting, Inc, Shell Knob, MO

101 SOUTH MAIN STREET

TEMPLE, TX 76501

101 SOUTH MAIN STREET

TEMPLE, TX 76501

Contractors must Acknowledge Amendment 1 in Block 19 of Standard Form 1442, page 2, attached.

See Continuation Sheets

Responses are due March 2, 2011 no later than 4:00 pm CST